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FAQs About Premises Liability

Experienced, California personal injury lawyers answer your questions

Do you have a question about your California premises liability accident? Not sure what to do or what your rights are as an injury victim? It is important to talk to a California premises liability lawyer who knows the law and knows how to get results. That’s why we want to meet with you at Clancy & Diaz, LLP. We handle these types of personal injury cases in California’s Bay Area all the time – and we have the case results to prove it. So please feel free to contact us and ask us your question about your premises liability accident. An experienced, California premises liability attorney at our law firm can answer your questions during your free case evaluation and we’ll go the distance to help you every step of the way.

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What is your premises liability question?

What is premises liability?

Premises liability refers to a legal claim that involves a personal injury accident due to a dangerous condition on someone else’s property. If something was dangerous and caused your injury, that property owner is responsible for financially compensating you for your injuries.

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What can I be financially compensated for after my premises liability accident?

All your accident-related expenses should be covered in your premises liability claim or verdict. Such expenses can cover a wide range, including:

  • Emergency medical care
  • Surgical procedures
  • Follow-up medical care
  • Physical therapy
  • Lost income during your recovery
  • Modifications to your home if you sustain a permanent disability
  • Lost future income if you cannot return to work

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How much is my California premises liability accident worth?

There is no set dollar amount when it comes to premises liability accidents in California. Each case is different. Your accident could be worth a few thousand dollars or a few million – or even more. That’s why it’s important to talk with a premises liability lawyer as soon as possible after your accident.

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Who is responsible for compensating me for my California premises liability accident?

Often, the property owner or the property owner’s insurance company will compensate you for your premises liability accident. Other times, it may be someone else who pays for your accident-related expenses. This could include:

  • Manufacturer of a defective or dangerous product
  • Repair company or contractor who failed to fix a dangerous object
  • Security company that is responsible for protecting people on property
  • Independent contractor working on property who caused your injury

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What dangerous conditions often result in a premises liability accident?

Dangerous conditions which result in a premises liability accident can cover a wide range. Common dangerous conditions include:

  • Wet floors (resulting in slip and fall accident)
  • Unmarked obstacles (resulting in a trip and fall accident)
  • Poor lighting (especially in stairwells and on sidewalks)
  • Hazardous conditions (loose stairs, handrails, etc.)
  • Poorly maintained property

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What are common premises liability cases in California?

Common premises liability cases include:

  • Slip and fall accidents
  • Dog bites
  • Dangerous stairways
  • Swimming pool accidents
  • Restaurant accidents
  • Hotel accidents

Whatever type of premises liability accident you’re dealing with in California, you can count on us to demand justice for you.

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What are common excuses property owners make in premises liability cases?

Property owners often have many different excuses after a premises liability accident. Some of the most common ones our lawyers have heard while representing people injured on someone else’s property include:

  • Property owner claims they didn’t know there was a hazardous condition.
  • Property owner claims they fixed the hazardous condition.
  • Property owner blames you for causing the accident.
  • Property owner denies owning the property.
  • Property owner claims someone else is responsible for maintaining property.

Don’t settle for excuses. Demand justice. Talk to us. Our personal injury lawyers can help.

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What does a plaintiff need to prove to win a premises liability case?

Generally, you (the plaintiff) need to prove four things after your accident to win your premises liability case. The four things are:

  • Dangerous condition existed.
  • Defendant owned or controlled the property.
  • Plaintiff was hurt because of it.
  • Defendant knew about it.

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What types of evidence are often used in premises liability cases?

All sorts of evidence can be used to make your premises liability case stronger. Such evidence may include:

  • Security camera video footage of your premises liability accident.
  • Eyewitness testimony of your accident.
  • Inspection reports documenting dangerous conditions.
  • Photographs of dangerous conditions.
  • Emails or other written documentation of dangerous conditions, especially if the property owner knew about them and did nothing to fix them.

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What if the property owner claims there wasn’t a dangerous condition before your premises liability accident?

This situation often comes up after a serious premises liability accident on someone else’s property. Sometimes, it’s an innocent mistake or misunderstanding. Even if the property owner did not know there was something dangerous on their property, that’s no excuse. Property owners need to properly maintain their property. That includes making sure that there are no hazardous or dangerous conditions on their property.

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What if the property owner claims they don’t own the property where your premises liability accident occurred?

This is another common excuse some property owners try to use to get out compensating you for your premises liability accident-related expenses. Fortunately, our personal injury lawyers know how to find the facts that prove who owns and controls the property.

This situation came up recently in a case we handled for a client who was injured on someone else’s property. The property owner claimed they didn’t own or control the property. So, we interviewed a landscaper hired to maintain the property. While I was interviewing the landscaper, his employee was outside weed-whacking the very place they said they did not control – and he did this at the request of the owner!

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What if the property owner lies about your premises liability accident?

Sadly, some property owners lie when someone gets hurt on their property. They do this because they know the stakes are so high when it comes to premises liability accidents. Your accident-related expenses can quickly add up, and the property owner knows they will likely have to pay all those bills.

Some attorneys avoid such tough cases. Our personal injury lawyers love premises cases. We love catching lying defendants. Property owners often assume we will not dig deeper to uncover the truth. They are sadly mistaken. We know how to find missing photographs, deleted videos and emails proving the lies – and we will not stop until we uncover the truth.

One recent case we handled illustrates the lies property owners sometimes tell to try to get out of paying a premises accident claim. In this case, the issue was whether a property had a rear yard.  The defendants (the property owner) said there was no rear yard, and they claimed the plaintiff (our client) should never have been where she was.  This was their defense. Then we did some research. When our personal injury lawyers pushed, we got emails from the former property manager. These emails clearly showed that there was a rear yard and that the owners knew that people were using it.

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How can photographs or videos help with your premises liability case?

Photographs and videos of your accident or the property where your accident took place can often make a huge difference in the outcome of your case. That’s why it’s important to take photographs of the accident scene as soon as possible.

Two recent cases illustrate the power of photos and videos when it comes to premises cases. One involved a client who got hurt while walking in a dark and dangerous area. The injury victim went there because a hotel employee said it was safe and that there was a giant light there. The hotel also claimed it did not make any changes to the lights after the accident. Photographs taken before and after the accident told a different story. The hotel did make changes. They lied and our personal injury lawyers uncovered the truth.

Another case involved a missing security video taken at the scene of another premises accident. One employee claimed the tapes were “improperly saved” and had been accidentally deleted. Another employee claimed they saw the tapes at another office 30 miles away. Gotcha! Turns out that missing video recording did exist after all.

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Why should I hire a California premises liability attorney?

You have too much at stake to try to tackle your premises case on your own. Your accident-related expenses can add up quickly. The property owner knows this. That’s why they often hire an attorney to defend their actions and to try to avoid paying you the money you deserve.

An experienced, California premises liability lawyer can be your voice for justice. We can investigate your claim. We know how to find the facts that matter, and our lawyers have years of experience uncovering the truth.

Armed with the facts, we can then take on the property owner, their insurance company and their attorneys. Many of them agree to negotiate with us. The rest? Our personal injury lawyers are prepared to take them to court if necessary and to fight for your rights

Demand the financial compensation you deserve. Talk to a Bay Area premises liability attorney who will fight for you. Contact Clancy & Diaz, LLP. We’re prepared to go the distance for you.

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Clancy & Diaz, LLP
2855 Mitchell Dr Suite 106
Walnut Creek, CA 94598
p: 925.835.7500 f: 510.768.7203